EN-25-PAVE-1 Book II.pdf

E-470 General Provisions Page 1 of 104 June 10, 2025

2025 RESURFACING FROM TOLL PLAZA E TO I-25

CONTRACT NO. EN-25-PAVE-1

BOOK II

GENERAL PROVISIONS

E-470 General Provisions Page 2 of 104 June 10, 2025

TABLE OF CONTENTS

E-470 PUBLIC HIGHWAY AUTHORITY GENERAL PROVISIONS

SECTION 101 DEFINITIONS AND TERMS

SECTION 102 SUBSURFACE INVESTIGATIONS

SECTION 103 (UNUSED)

SECTION 104 SCOPE OF WORK

104.01 INTENT OF CONTRACT

104.02 DIFFERING SITE CONDITIONS, SUSPENSION OF WORK, AND SIGNIFICANT CHANGES IN THE

CHARACTER OF WORK

104.03 CONTRACT CHANGES AND EXTRA WORK

104.04 MAINTAINING TRAFFIC

104.05 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK

104.06 FINAL CLEAN UP

104.07 VALUE ENGINEERING CHANGE PROPOSALS BY THE CONTRACTOR – UNUSED

SECTION 105 CONTROL OF WORK

105.01 AUTHORITY OF THE ENGINEER

105.02 PLANS, SHOP DRAWINGS, WORKING DRAWINGS, CONSTRUCTION DRAWINGS AND OTHER

SUBMITTALS

105.03 CONFORMITY TO THE CONTRACT

105.04 CONFORMITY TO THE CONTRACT OF SUPERPAVE PERFORMANCE GRADED BINDERS

105.05 CONFORMITY TO THE CONTRACT OF HOT MIX ASPHALT

105.06 UNUSED

105.07 CONFORMITY TO ROADWAY SMOOTHNESS CRITERIA OF HMA

105.08 UNUSED

105.09 COORDINATION OF CONTRACT DOCUMENTS

105.10 COOPERATION BY CONTRACTOR

105.11 COOPERATION WITH UTILITIES

105.12 COOPERATION BETWEEN CONTRACTORS

105.13 CONSTRUCTION STAKES, LINES AND GRADES

105.14 AUTHORITY AND DUTIES OF THE PROJECT ENGINEER

105.15 DUTIES OF THE INSPECTOR

105.16 INSPECTION AND TESTING OF WORK

105.17 REMOVAL OF UNACCEPTABLE WORK AND UNAUTHORIZED WORK

105.18 LOAD RESTRICTIONS

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105.19 MAINTENANCE DURING CONSTRUCTION

105.20 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE

105.21 SUBSTANTIAL COMPLETION AND ACCEPTANCE

105.22 CLAIMS FOR CONTRACT ADJUSTMENTS

SECTION 106 CONTROL OF MATERIAL

106.01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS

106.02 MATERIAL SOURCES

106.03 SAMPLES, TESTS, CITED SPECIFICATIONS

106.04 QUALIFICATION OF TESTING PERSONNEL AND LABORATORIES

106.05 SAMPLING AND TESTING OF HOT MIX ASPHALT

106.06 UNUSED

106.07 MATERIAL INSPECTION AT PLANT

106.08 STORAGE OF MATERIALS

106.09 HANDLING MATERIALS

106.10 AUTHORITY FURNISHED MATERIALS

106.11 CERTIFICATES OF COMPLIANCE

106.12 CERTIFIED TEST REPORT

SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

107.01 LAWS TO BE OBSERVED

107.02 PERMITS, LICENSES, AND TAXES

107.03 PATENTED DEVICES, MATERIALS, AND PROCESSES

107.04 RESTORATION OF SURFACES OPENED BY PERMIT

107.05 UNUSED

107.06 SAFETY, HEALTH AND SANITARY PROVISIONS

107.07 PUBLIC CONVENIENCE AND SAFETY

107.08 RAILROAD-HIGHWAY PROVISIONS

107.09 CONSTRUCTION OVER AND ADJACENT TO NAVIGABLE WATERS

107.10 BARRICADES AND SIGNS

107.11 USE OF EXPLOSIVES

107.12 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

107.13 FOREST PROTECTION

107.14 INTERRUPTION OF IRRIGATION WATER FLOW

107.15 RESPONSIBILITY FOR DAMAGE CLAIMS

107.16 OPENING SECTIONS OF PROJECT

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107.17 CONTRACTOR’S RESPONSIBILITY FOR WORK

107.18 UNUSED

107.19 FURNISHING RIGHT-OF-WAY

107.20 PERSONAL LIABILITY OF PUBLIC EMPLOYEES

107.21 NO WAIVER OF LEGAL RIGHTS

107.22 THIRD PARTY BENEFICIARY

107.23 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES

107.24 AIR QUALITY CONTROL

107.25 WATER QUALITY CONTROL

SECTION 108 PROSECUTION AND PROGRESS

108.01 SUBLETTING OF CONTRACT

108.02 NOTICE TO PROCEED

108.03 SCHEDULE

108.04 PAYMENT SCHEDULE

108.05 LIMITATION OF OPERATIONS

108.06 CHARACTER OF WORKERS; METHODS AND EQUIPMENT

108.07 WORKPLACE VIOLENCE

108.08 DETERMINATION AND EXTENSION OF CONTRACT TIME

108.09 FAILURE TO COMPLETE WORK ON TIME

108.10 DEFAULT OF CONTRACT

108.11 TERMINATION OF CONTRACT

SECTION 109 MEASUREMENT AND PAYMENT

109.01 MEASUREMENT OF QUANTITIES

109.02 SCOPE OF PAYMENT

109.03 COMPENSATION FOR ALTERED QUANTITIES

109.04 COMPENSATION FOR CHANGES AND FORCE ACCOUNT WORK

109.05 ELIMINATED ITEMS

109.06 PARTIAL PAYMENTS

109.07 PAYMENT FOR MATERIAL ON HAND (STOCKPILED MATERIAL)

109.08 UNUSED

109.09 ACCEPTANCE AND FINAL PAYMENT

109.10 COMPENSATION FOR COMPENSABLE DELAYS

SECTION 101 DEFINITIONS AND TERMS

Titles used in these Specifications having a masculine gender, such as "Workmen" and the pronouns "he" or "his", are for the sake of brevity and are intended to refer to persons of either sex.

The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not have any bearing on their interpretation.

When the Contract indicates that Work shall be "accepted, acceptable, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, interpretation, interpreted, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, unsatisfactory," it shall be understood that these expressions are followed by the words "By the Engineer," or "To the Engineer."

Unless otherwise stated, the use of the words section or subsection from 101 to 109 shall refer to the E- 470 Public Highway Authority General Provisions and from 200 to 800 shall refer to that section or subsection referenced in the CDOT Standard Specifications for Road and Bridge Construction, dated 2017, as revised.

When the Contract indicates that something “shall” be done, the action is required and is not discretionary.

In the event of a conflict between the terms of these E-470 Public Highway Authority General Provisions and the Contract or any of the other Contract Documents, the hierarchy of the Contract Documents set forth in Section 2 of the Contract shall determine which document shall prevail. In all such instances of a conflict, the Contract terms shall prevail over the terms of these E-470 Public Highway Authority General Provisions.

All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Contract.

Wherever the following abbreviations or terms are used in the Specifications, Plans, or other Contract Documents, the intent and meaning shall be interpreted as follows:

101.01 Abbreviations.

AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC Associated General Contractors of America AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute, Inc.

ARA American Railway Association AREA American Railway Engineering Association ARTBA American Road and Transportation Builders Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATSSA American Traffic Safety Services Association AWG American Wire Gauge AWPA American Wood Protection Association AWS American Welding Society AWWA American Water Works Association CCA Colorado Contractor’s Association BLM Bureau of Land Management CDOT Colorado Department of Transportation CDPHE Colorado Department of Public Health and Environment CFR Code of Federal Regulations

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CP Colorado Procedure CP-L Colorado Procedure - Laboratory CRS Colorado Revised Statutes, 1973, as amended CRSI Concrete Reinforcing Steel Institute EIA Electronic Industries Association FHWA Federal Highway Administration Department of Transportation FSS Federal Specifications and Standards, IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineers ISEA International Safety Equipment Association ITE Institute of Transportation Engineers MASH Manual for Assessing Safety Hardware MHT Method of Handling Traffic MIL Military Specifications MS4 Municipal Separate Storm Sewer System MSS Maintenance Support Site MUE Multiple Use Easement MUTCD Manual on Uniform Traffic Control Devices NCHRP National Cooperative Highway Research Program NEC National Electrical Code NEMA National Electrical Manufacturers Association NIST National Institute of Standards and Technology NSF National Sanitation Foundation (NSF) NSPS National Society of Professional Land Surveyors NTPEP National Transportation Product Evaluation Program OSHA Occupational Health and Safety Administration PCI Prestressed Concrete Institute PHA E-470 Public Highway Authority RCSC Research Council of Structural Connections

ROW Right-of-Way SAE Society of Automotive Engineers SWMP Stormwater Management Plan TBMS Toll Beltway Management System TCP Traffic Control Plan UL Underwriters Laboratories, Inc.

101.02 Advertisement. A public announcement, inviting Proposals for Work to be performed or materials to be furnished.

101.03 Affected Area. The total disturbed surface of a pit or quarry such as sand, gravel, topsoil, or borrow, that is being mined or will be mined. The area includes, but is not limited to, the excavation area, plant, and stockpile areas, parking and storage areas, and the haul Roads.

101.04 Authority. The E-470 Public Highway Authority, a body corporate and political subdivision of the State of Colorado.

101.05 Award. The acceptance by the Authority of a Proposal.

101.06 Basis of Payment. The terms under which Work is paid, as a designated Pay Item in accordance with the quantity measured and the Pay Unit.

101.06a Best Management Practices (BMP’s) for Stormwater Pollution Prevention. BMP’s prevent or reduce the pollutants in stormwater discharges from the construction site.

101.07 Bid. Shall mean the offer of a Bidder to perform units of the Work required by the Contract and submitted to the Authority on a Bid Form. Also called a Proposal.

101.08 Bid Bond. The security furnished with a Proposal to guarantee that the Bidder will enter into the Contract if the Bid is accepted.

101.09 Bid Documents. Collectively refers to the following documents: Invitation to Bid and Bidding

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Requirements Bid Form, Declaration of Non-Collusion Affidavit and Contract Documents (which may be revised by written addenda by the Authority any time prior to Contract execution).

101.10 Bid Form. Shall mean that portion of the Bid Documents, which Bidders are required to use in the submission of their offers.

101.11 Bid Schedule. Shall mean that portion of the Bid Documents that contains the Pay Items, unit prices, extensions, and Bid total.

101.12 Bidder. An individual, firm, corporation, or other legal entity submitting a Proposal for the advertised Work. A Contractor intending to Contract with the Authority for performance of prescribed Work.

101.13 Bridge. A Structure, including supports, erected over a depression or an obstruction, such as water, Highway, or railroad, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of Roadway of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes.

Length. The length of a Bridge Structure is the over-all length measured along the line of survey stationing back to back of backwalls of abutments, if present, otherwise, end to end of the Bridge floor; but in no case less than the total clear opening of the Structure.

Roadway Width. The clear width measured at right angles to the longitudinal centerline of the Bridge between the bottom of curbs or guard timbers or in the case of multiple height of curbs, between the bottoms of the lower risers.

101.14 Calendar Day. Each and every day shown on the calendar, beginning and ending at midnight.

When day is used, it shall mean calendar day unless otherwise defined.

101.15 Certificate of Compliance. A certification including a signature by a person having legal authority to act for the manufacturer, stating that the product or assembly to be incorporated into the Project was fabricated in accordance with and meets the applicable Specifications as described in subsection 106.11.

101.16 Certified Invoice. Any invoice or billing endorsed by the Contractor, certifying that the material, specialty Work, sub-contract Work, rental, lease, services, etc. were acquired for the Project and that the invoiced or billed amount represents the actual costs.

101.17 Certified Test Report. A test report from the manufacturer or an independent testing laboratory including a signature by a person having a legal authority to act for the manufacturer or the independent testing laboratory stating that the test results show that the product or assembly to be incorporated into the Project has been sampled and tested and the samples have passed all specified tests.

101.18 Change. Any alteration, deviations, additions, or deletions to the Contract Documents; method or manner of performance; or furnishing of the Work, equipment, materials, facilities, services, site, performance, schedule, or (any) other provision of the Contract.

101.19 Change Notice. A written notice issued to the Contractor by the Authority specifying a proposed Change to the Contract Documents, which requests a proposal from the Contractor identifying time and/or cost impacts due to the proposed Change. A Change Notice does not authorize or direct the Contractor to proceed with any Change to the Contract.

101.20 Claim Certification. A form supplied by the Authority, signed and notarized by the Contractor certifying the accuracy and validity of a Contractor submitted claim, attached to and submitted with each Contractor claim for an increase in Contract Amount or extension of Contract Time.

101.21 Change Order. A written order authorized by the Authority and issued to the Contractor amending the Contract Documents. Change Orders can be either negotiated with the Contractor or issued unilaterally by the Authority. Also referred to herein as a Contract Modification Order.

101.22 Change Proposal. The Contractor’s response to a Change Notice as described in subsection 104.03.

101.23 Claim Record. The documentation compiled for review and evaluation of a Contractor submitted claim for an increase in Contract Amount or extension of Contract Time as addressed in subsection 105.22.

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101.24 Conformity. Compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified. Where working tolerances are specified, conformity means compliance with such working tolerances.

101.25 Construction Drawings. A complete set of Plans, reviewed Shop Drawings, Working Drawings and other submittals kept available on the Project site at all times by the Contractor.

101.26 Construction Requirements. Specifications covering performance of Work required for proper completion and acceptance.

101.27 Contract. The written agreement between the Authority and the Contractor, setting forth the obligations of the parties for the performance of the Work and the Basis of Payment.

101.28 Contract Amount. Shall be the current estimated value of the Pay Items set forth in the Bid Schedule as adjusted by all authorized Change Orders.

101.29 Contract Completion Date. The date by which Substantial Completion must be achieved. See subsection 108.08 for the determination of the Contract Completion Date.

101.30 Contract Documents. Refers to those documents listed in Section 2 of the Contract.

101.31 Contract Item (Pay Item). A specifically described unit of Work for which a price is provided in the Contract Documents.

101.32 Contract Payment, Performance, and Warranty Bond. The securities executed by the Contractor and Surety or Sureties and furnished to the Authority to guarantee payment of all legal debts of the Contractor pertaining to the construction of the Project, to guarantee completion of the Work in accordance with the Contract Documents and to guarantee all required warranty Work.

101.33 Contract Time. The number of Working Days or Calendar Days allowed for completion of the Contract, including authorized time extensions. Where a calendar date of completion is specified as the Contract Completion Date, the Contract shall be completed on or before that date. See also subsection 101.29.

101.34 Contract Price. See Contract Amount.

101.35 Contractor. The individual, firm, corporation or other entity contracting with the Authority for performance of prescribed Work.

101.35a Contractor’s Engineer. A professional engineer registered in the State of Colorado who is an employee of either the Contractor, a consulting engineer under contract to the Contractor, or a manufacturer or Supplier of materials supplied to the Project.

101.36 County. The county in which the Work is to be done.

101.37 Culvert. Any Structure not classified as a Bridge, which provides an opening under the Roadway.

101.38 Day (whether or not capitalized). See subsection 101.14.

101.39 Delay. Any event, action, or factor that extends the time for the performance of the Work.

101.40 Department (CDOT). Colorado Department of Transportation.

101.41 Unused.

101.42 Unused.

101.43 E-470. Shall mean the public highway financed, constructed, operated and maintained by the Authority which circumscribes the northern, eastern and southern perimeters of the Denver, Colorado metropolitan area, including right of way, all mainline toll plazas, ramp plazas, operations buildings, service centers, and other buildings and improvements which exist, become a part of, or are used in connection with E-470.

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101.44 E-470 Utilities Manual. That set of documents adopted by the Authority governing utility Work on E-470, as amended from time to time.

101.45 E-470 Public Highway Authority General Provisions. That body of requirements, conditions and directives, collectively incorporated by this document.

101.46 Engineer (Director of Engineering and Roadway Maintenance). The Director of Engineering and Roadway Maintenance of the Authority, acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the Project.

104.46a Environmental Preconstruction Conference. A meeting of Authority Project personnel, Contractor Project personnel and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the Stormwater Management Plan are discussed.

101.47 Equipment (whether or not capitalized). All machinery, tools, and apparatus together with supplies for upkeep and maintenance, necessary for the proper construction and acceptable completion of the Work.

101.48 Extra Work. Work not provided for in the Contract as awarded but found by the Engineer to be essential to the satisfactory completion of the Contract within its intended scope.

101.48a. Falsework. Falsework is temporary construction used to support structural elements of concrete, steel, masonry, or other materials during their construction or erection until they become self-supporting. Falsework may also be used to provide temporary support to elements of a Structure during demolition or reconstruction.

101.49 Final Acceptance. Shall have that meaning assigned in subsection 105.21.

101.49a. Formwork. Formwork is the temporary Structure or mold used to retain plastic or fluid concrete in its designated shape until it hardens.

101.50 Force Account Work. Work paid for on the basis of actual costs plus approved additives. See subsection 109.04.

101.50a Force Majeure Event. Shall mean any of the following causes that are beyond the control and not due to an act or omission of the Contractor and which could not have been avoided by due diligence or use of reasonable efforts by Contractor: acts of God, acts of the public enemy, epidemics, area-wide fires, earthquake, storm-extraordinary inclement weather event, tornado, or other cataclysmic phenomenon of nature, rebellion, war, riot, terrorist act, area-wide strike, freight embargo or labor dispute.

101.51 General Provisions. See E-470 Public Highway Authority General Provisions.

101.52 Governmental Entity. Shall mean any federal, state, local or foreign government, any political subdivision or any governmental, quasi-governmental, judicial, public or statutory instrumentality, administrative agency, authority, body or entity.

101.52a Hazardous Substance. Shall mean any “hazardous substances” or “hazardous material” or “regulated substance” as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq., the Resource Conservation and Recovery Act of 1976, as amended by the Solid and Hazardous Waste Amendment of 1984, 42 U.S.C. §§ 6901 et seq., subtitle 1 of the Resource Conservation and Recovery Act of 1976 or the Colorado Underground Storage Tank Act; the Clean Air Act, as amended, 42 U.S.C. §§ 7401, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901, et seq.; the Clean Water Act, as amended, 33 U.S.C. §§ 1251, et seq.; the Toxic Substance Control Act, as amended, 15 U.S.C. §§ 2601, et seq.; the National Environmental Policy Act, as amended, 42 U.S.C. §§ 4321, et seq.; the Occupational Safety and Health Act, as amended, 29 U.S.C. §§ 651, et seq.; the Hazardous Materials Transportation Act, as amended, 49 App. U.S.C. §§ 1801, et seq.; the Safe Drinking Water Act, as amended, 42 U.S.C. §§ 300, et seq.; and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 135, et seq. and the Code of Federal Regulations, 40 CFR Part 260 Subparts C and D.

101.53 Highway. A general term denoting a public way for purposes of vehicular travel, including the

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101.54 Holidays. Shall include the following holidays when recognized and observed by the Authority:

New Year's Day, Dr. Martin Luther King JR’s. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. When New Year’s Day, Independence Day, or Christmas Day fall on a Sunday, the following Monday shall be considered a holiday. When one of these days fall on a Saturday, the preceding Friday shall be considered a holiday.

Additional legal holidays, when designated by the Governor of Colorado or the President of the United States, may also be recognized by the Authority.

101.55 Inspector. The Engineer’s authorized representative assigned to make detailed inspections of Contract performance.

101.56 Invitation to Bid/Bidding Requirements. All documents, whether attached or incorporated by reference, utilized for soliciting Proposals and which sets forth the instructions required to be followed by Bidders in the submission of Bids.

101.57 Laboratory. The testing laboratory of the Authority or any other testing laboratory designated by the Engineer.

101.58 Materials (whether or not capitalized). All components required for use in the construction of the Project.

101.59 Method of Measurement. The manner in which a "Pay Item" is measured to conform with the pay unit.

101.60 Multi-Use Easement. Property located adjacent to the E-470 Right of Way which the Authority and landowner maintain certain rights and duties in accordance with the Multi-Use Easement Agreement.

101.61 Notice to Proceed. Written notice to the Contractor to proceed with the Work including, when applicable, the date of the beginning of Contract Time.

101.62 Pay Item. See definition of Contract Item.

101.63 Pavement Structure. The combination of one or more of the following courses placed on a Subgrade to support and distribute the traffic load to the Roadbed.

Subbase. The layer or layers of specified or selected material placed on a Subgrade to support a base course, surface course, or both. Subgrade that has been treated with lime, fly ash, cement kiln dust, or combinations thereof for stabilization will be considered subbase.

Base Course. The layer or layers of specified or selected material placed on a subbase or a

Subgrade to support a surface course.

Surface Course. One or more layers of a Pavement Structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer is sometimes called Wearing Course.

101.64 Planned Force Account. Items of Work, identified on the Plans which will be paid for in accordance with subsection 109.04.

101.65 Plans. The drawings, or reproductions, provided by the Authority which show the location, character, dimensions, and details of the Work to be done.

101.66 Preconstruction Conference. A meeting of Authority Project personnel, Contractor Project personnel and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the Work are discussed.

101.66a Pre-Paving Conference. A meeting of Authority Project personnel, Contractor Project personnel and other stakeholders held prior to the beginning of paving at which topics pertinent to the successful prosecution of the Work are discussed.

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101.66b Profile Grade. The trace of a vertical plane usually intersecting the top surface of the proposed wearing surface and usually along the longitudinal centerline of the Roadbed. Profile grade means either elevation or gradient of such trace according to the context.

101.67 Project. Shall mean the construction which consists of furnishing all labor, equipment, materials and incidentals to construct the improvements shown on the Plans and described in Section 104.

101.68 Project Special Provisions. See subsection 101.86.

101.69 Project Special Technical Specifications. Additions and revisions to the Technical Specifications covering requirements peculiar to an individual Project.

101.70 Project Engineer. The Director of Engineering and Maintenance’s duly authorized representative for the Authority.

101.71 Project Termini. Limits of the Project as shown on the Plans.

101.72 Project Warranties. Shall have that meaning ascribed to it in Section 14 of the Contract.

101.73 Proposal. The offer of a Bidder, on the prescribed form, to perform the Work at the prices quoted.

Also called Bid.

101.74 Proposal Form. The documents furnished by the Authority on which the offer of a Bidder is submitted. Also called Bid Form.

101.75 Punchlist. The list of Work which remains to be completed after achievement of Substantial Completion of the Project. Punchlist items shall be limited to minor incidental items of Work which have no adverse effect on the safety or operability of the Project. All Punchlist Work must be completed to the satisfaction of the Authority as a condition precedent to the Contractor achieving Final Acceptance.

101.75a Record Set. A reproduction of a drawing or set of drawings, design calculations, or other record of engineering work required to be performed by the Contractor’s engineer and professional land surveyor, which is electronically sealed by the Contractor’s engineer and professional land surveyor using Adobe Sign software and per the Bylaws and Rules of the State Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1.

101.76 Right of Way. A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a Highway.

101.77 Road. A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right of Way.

101.78 Roadbed. The graded portion of a Highway within top and side slopes, prepared as a foundation for the Pavement Structure and Shoulders.

101.79 Roadside. A general term denoting the area adjoining the outer edge of the Roadway. Extensive areas between the Roadways of a divided Highway may also be considered Roadside.

101.80 Roadside Development. Those items necessary for the preservation of landscape materials and features. The rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers. Suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the Highway.

101.81 Roadway. The portion of the Highway within limits of construction.

101.81a. Roadway Prism. The portion of the Roadway defined as the prism of embankment situated beneath the Shoulders and Pavement Structure and inside the lines projected downward and outward on a one to one slope from the outside edges of the Roadway Shoulders to their intersection with the base of the embankment.

101.81b. Safety Critical Work. Elements of the Work that, if performed improperly, could encroach upon and endanger traffic that is following all traffic regulations. Safety Critical Work may include Work elements performed under one or more of the following situations:

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(1) Work that is constructed on, over, or near a traffic route and could become unstable over time if installed improperly.

(2) Work that requires the use of lifting devices in the vicinity of traffic.

Elements of Work considered safety critical for the Project will be identified in a Project Special Provision titled Revision of Section 107 – Performance of Safety Critical Work.

“Traffic”, as used above, is defined as the vehicles, railroad, pedestrians, aircraft, and watercraft moving along a route. The route may be permanent or temporary, such as a detour.

101.81c. SafetyEdgeSM for Pavement. A pavement edge drop-off treatment which allows drivers who leave the road to return safely.

101.82 Salvageable Material. Material that can be saved or salvaged. Unless otherwise specified in the Contract, all Salvageable Material shall become the property of the Contractor.

101.83 Shop Drawings. A general term that includes drawings, diagrams, illustrations, samples, schedules, calculations, and other data which provide details of the construction of the Work and detail to be used by the Engineer for inspection. Shop Drawings shall be prepared by the Contractor, Subcontractors, manufacturers, Suppliers, or distributors. Shop Drawings are submitted to the Engineer for formal review and returned to the Contractor in accordance with subsection 105.02. Shop Drawings include data which illustrates material, equipment, and items which are incorporated in and become part of the permanent Work in accordance with the Contract.

101.83a. Shoring. Shoring is temporary construction that is used to support the earth adjacent to excavation or embankment.

101.84 Shoulder. The portion of the Roadway contiguous with the Traveled Way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

101.85 Sidewalk. That portion of the Roadway constructed for pedestrian use.

101.86 Special Provisions or Project Special Provisions. Specifications covering conditions peculiar to an individual Project or group of Projects. See also subsection 101.68.

101.87 Specifications. A general term applied to all directions, provisions and requirements pertaining to performance of the Work.

101.88 Specified Completion Date. The date on which the Work is specified to be completed.

101.89 State. The State of Colorado acting through its authorized representative.

101.89a State Waters. Pursuant to Section 25-8-103(19), C.R.S., “state waters” means any and all surface and subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

101.89b. Stormwater Management Plan (SWMP). The Stormwater Management Plan comprises those Contract Documents containing the requirements necessary to accomplish all the following:

(1) Protect and identify sensitive environments (State Waters, wetlands, habitat, and existing vegetation).

(2) Minimize the amount of disturbed soil.

(3) Control and minimize erosion and sedimentation during and after Project construction.

(4) Minimize runoff from offsite areas from flowing across the site.

(5) Slow down the runoff.

(6) Reduce pollutants in stormwater runoff.

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101.90 Street. A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right of Way.

101.91 Structures. Bridges, Culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, storm drains, service pipes, underdrains, foundation drains, fences, guardrail, signs, end sections, traffic signals, light standards, and other features which may be encountered in the Work and not otherwise classified.

101.92 Subcontractor. An individual, firm, corporation, or other legal entity to whom the Contractor’s sublets part of the Work.

101.93 Subgrade. The top surface of a Roadbed upon which the Pavement Structure, Shoulders, and curbs are constructed. Subgrade that has been treated with lime, fly ash, cement kiln dust, or combinations thereof for stabilization will be considered subbase.

101.94 Substantial Completion. Shall have that meaning assigned in subsection 105.21.

101.95 Substructure. All of the Structure below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings.

101.96 Superintendent. The Contractor’s authorized employee in responsible charge of the Work.

101.97 Superstructure. The entire Structure except the Substructure.

101.98 Supplier. An individual, firm, or corporation who meets one or both of the following criteria:

(a) Fabricates or processes a material not on the site of work; and/or;

(b) Delivers material directly to the project.

In both cases, the material shall be intended for permanent incorporation into the worksite.

101.99 Surety. The corporation, partnership or individual, other than the Contractor, executing a Bond furnished by the Contractor.

101.100 Technical Specifications. Specifications that detail how the Work is to be performed including all directions provisions and requirements. Technical Specifications include:

CDOT Supplemental Specifications to the Standard Specifications for Road and Bridge Construction or as modified and contained in the Project Special Provisions.

CDOT Standard Specifications for Road and Bridge Construction, or as modified and contained in the Project Special Provisions.

Other Specifications.

101.101 The State of Colorado. See subsection 101.89.

101.102 Toll Beltway Management System (TBMS). The toll collection and audit system, traffic incident management system, environmental monitoring system, and fiber optic communication system that is an integral part of E-470.

101.103 Traffic Control Plan (TCP). The parts of the Contract Documents for each Project that contains the requirements for the maintenance of traffic during construction of the Project.

101.104 Traveled Way. The portion of the Roadway for the movement of vehicles, exclusive of Shoulders and auxiliary lanes.

101.105 Unacceptable Work. Work that does not conform to the requirements of the Contract Documents.

101.106 Unauthorized Work. Work that was done without adequate lines and grades having been established by the Engineer or by the Contractor, Work done contrary to the instructions of the Engineer, E-470 General Provisions Page 14 of 104 June 10, 2025

Work done beyond the lines shown on the Plans, or Extra Work done without the Engineer’s authorization.

101.107 Value Engineering Change Proposal (VECP). A Change to the Contract requirements proposed by the Contractor which will accomplish the Project’s functional requirements at less cost or improve value or services at no increase or at a minor increase in cost. Value engineering incentive clauses will be included in the Special Provisions when applicable to the Project.

101.108 Wheel Path. Wheel paths are the two sections of each through-traffic lane that bear the wheel loading. The center of each wheel path is located 3 feet from the center of the lane; each wheel path is 2 feet wide.

101.109 Work. The furnishing of all management, supervision, labor, materials, administrative support, supplies, equipment, and incidentals necessary to successfully complete the Project according to all duties and obligations imposed by the Contract.

101.110 Working Day. Any day, exclusive of Saturdays, Sundays and Holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed.

101.111 Working Drawings. Working Drawings is a general term that includes drawings, diagrams, illustrations, samples, schedules, calculations, and other data which illustrate the construction of the Work, material, equipment, methods, and items which are necessary to construct the Work in accordance with the Plans and Specifications. Working Drawings shall be prepared by the Contractor, Subcontractors, manufacturers, Suppliers, or distributors. Working Drawings are submitted to the Engineer for information only, and are not formally reviewed nor returned to the Contractor.

101.12 Workplace Violence. Workplace violence is conduct in the workplace against employees, employers, or outsiders committed by a person who is a contractor working on an Authority project. This conduct includes:

(1) Physical acts against persons or their property, or against Authority or Contractor property that are perceived to be harmful or threatening;

(2) Veiled or direct verbal threats, profanity, or vicious statements or gestures that are meant to harm or create a threatening or intimidating work environment;

(3) Written threats, profanity, vicious cartoons or notes that are meant to create a threatening or intimidating environment; and

(4) Any other acts that are perceived to be threatening or intended to injure or convey hostility.

SECTION 102 SUBSURFACE INVESTIGATIONS

102.01 SUBSURFACE INVESTIGATIONS AND BORING LOG INFORMATION

The Contractor has examined the site of the proposed Work. The Contractor has examined boring logs and other records of subsurface investigations if made available. The Authority has endeavored to make these logs and records (if existing) available prior to bid so that all Bidders had an opportunity to have access to the subsurface information as available to the Authority and were not intended as a substitute for personal investigation, interpretation, and judgment by the Contractor.

The adequacy and/or accuracy of boring logs and other records of subsurface investigations is not warranted by the Authority and such information is not considered to be a part of the Contract.

When a log of test borings is included in the subsurface investigation record, the data shown in the individual log of each test boring apply only to that particular boring and are not intended to be conclusive as to the character of any material between or around test borings, or any other portion of the proposed site.

Any and all conclusions, deductions, and inferences drawn from such information by the Contractor are done so at its own risk.

Contractor understands and acknowledges it was afforded such opportunity to conduct its own subsurface investigation at the Project site prior to Bid.

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SECTION 103 (UNUSED)

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SECTION 104 SCOPE OF WORK

104.01 INTENT OF CONTRACT

The Contractor shall complete the Work described and furnish all management, supervision, labor, materials, equipment, tools, transportation, administrative support, and supplies required to complete the Work in accordance with the Contract. Alterations of Plans or the nature of the Work will not involve or require Work beyond the Project Termini, until a Change Order has been executed.

104.02 DIFFERING SITE CONDITIONS, SUSPENSION OF WORK, AND SIGNIFICANT CHANGES IN

THE CHARACTER OF WORK

(1) Differing Site Conditions. During the progress of Work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract; or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected Work is performed.

Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly.

The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

(2) Suspensions of Work Ordered by the Engineer. If the performance of all or any portion of the Work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that an increase in Contract Amount or extension of Contract Time or both are due as a result of such suspension or delay, the Contractor shall follow the procedures set forth in subsection 105.22 to make such request.

No Contract adjustment for an increase in Contract Amount or extension of Contract Time will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of the Contract.

(3) Significant Changes in the Character of Work. The Engineer reserves the right to make, in writing, at any time during the Work, such Changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such Changes in quantities and alterations shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the Work as altered.

If the alterations or Changes in quantities significantly change the character of the Work under the Contract, whether such alterations or Changes are in themselves significant changes to the character of the Work, or by affecting other Work causing such other Work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the Work. If a basis cannot be agreed upon, then an adjustment will be made either increasing or decreasing the Contract Amount as the Engineer may determine to be fair and equitable.

If the alterations or Changes in quantities do not significantly change the character of the Work to be performed under the Contract, the altered Work will be paid according to the process set forth in subsection 104.03.

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The term "significant change" shall be construed to apply only to the following circumstances:

(a) When the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed Work, or

(b) When a major item of Work is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original Contract Item quantity, or in case of a decrease below 75 percent, to the actual amount of Work performed. A major item is defined to be any item having an original Contract value in excess of 10 percent of the original Contract Amount.

104.03 CONTRACT CHANGES AND EXTRA WORK

The Authority reserves the right to make alterations, deviations, additions, or deletions to the Contract Documents and require such Changes in the extent or manner of performance of the Work as are determined necessary by the Authority in its sole discretion. Changes include Extra Work as defined in subsection 101.48. The Contractor shall perform such Extra Work and furnish material, equipment, labor and all other necessary items therefore upon receipt of a Change Order.

104.03.01 CHANGE NOTICES

When the Authority desires a proposal from the Contractor addressing the time and/or cost impact due to a proposed Change to the Contract Documents, a Change Notice will be issued by the Authority.

Two (2) copies of each Change Notice shall be furnished to the Contractor. The Contractor shall sign and return one (1) copy of the Change Notice and return them to the Authority within ten (10) days together with the Contractor’s Change Proposal. The Contractor’s Change Proposal shall identify all time and/or cost impacts associated with the completion of all Work described in the Change Notice.

Until a Change Order has been issued to incorporate Work described in a Change Notice into the Contract, the Contractor has not been authorized to commence the Work described in the Change Notice. Should the Contractor commence Work described in a Change Notice prior to being authorized by Change Order, it does so at its own risk.

104.03.02 CHANGE PROPOSAL

The Contractor’s Change Proposal shall contain a detailed cost breakdown and any impact to the Contract Time for the proposed changed Work issued in the Change Notice as follows:

(1) The cost breakdown of the Change Proposal shall have separate estimates of the costs of added Work and/or deleted Work for the categories defined in subsection 109.04. The Contractor shall submit cost breakdowns as described above for any Subcontractor that may perform Work described in the Change Notice. Upon request by the Engineer, the Contractor shall provide further detail and breakdown of costs included in the Contractor’s or any Subcontractor’s proposal. The Contractor shall further provide detail about the effect of the proposal on the Contract Time for completion, and shall specify any items identified in subsection 109.04 applicable to the performance of the Work.

(2) The cost breakdown shall not exceed the limitations on compensations specified in the

Force Account Work provisions of subsection 109.04. Notwithstanding actual charges to the Contractor for overhead and profit on Work performed or furnished to the Contractor by others, no such provisional rates will be recognized or considered in excess of those specified.

(3) Any adjustment in Contract Time for completion of the Work shall be in accordance with

E-470 General Provisions Page 18 of 104 June 10, 2025 the requirements of subsection 108.08 and subject to subsection 108.09.

104.03.03 ADJUSTMENTS IN CONTRACT PRICE

(1) Negotiated Adjustment. The value of any Work covered by a Change Notice shall be negotiated by the Engineer and the Contractor to determine an equitable adjustment of the Contract Price. Should the Authority elect to proceed with such Work, an increase or decrease in the Contract Price will be determined in one of the following ways:

(a) Where the Work involved is covered by Pay Items contained in the Contract

Documents, by application of unit prices to the quantities involved in the changed Work;

(b) Where the Work involved is not covered by Pay Items contained in the Contract Documents by establishment of new Pay Items and related quantities for the changed Work;

(c) By a combination of existing and new Pay Items and related quantities for the Work; or

(d) By mutual acceptance of a lump sum adjustment to the Contract Price.

(2) Non-negotiated Adjustment. Where the Engineer and the Contractor cannot negotiate an adjustment to the Contract Price, or the Engineer and Contractor do not agree on pricing for a portion of the Work covered by a Change Notice, the Authority may issue a Change Order for the portions of the Work for which the parties have not agreed upon as Force Account Work. The basis of the force account portion of the Change Order shall be the provisions set forth in subsection 109.04.

(3) In the event the Authority and Contractor fail to reach agreement on an equitable adjustment, the Authority may, at its option, and without prejudice to its rights under the Contract, perform the Work by contracting with other entities.

104.03.04 CHANGE ORDERS

The Authority will issue a Change Order as soon as practical following agreement with the Contractor or the Authority may issue Change Orders unilaterally. Two (2) copies of each Change Order shall be furnished to the Contractor. When a Change Order has been issued, the Contractor shall promptly proceed with the Work described in the Change Order even if the Contractor and the Authority have not yet agreed on any adjustment in Contract Time or Contract Amount for such Work. If the adjustment in Contract Time or Contract Amount for Work described in the Change Order cannot initially be determined or has not been negotiated, the Authority may require the Contractor to perform all or any portion of such Work prior to agreement on an equitable adjustment for said Work. The portion of such changed Work performed prior to an agreement on an equitable adjustment will be recorded as required by the procedures of subsection 109.04, Compensation for Changes and Force Account Work. Contractor shall carry out the changed Work and adhere to the schedule during all disputes or disagreements with the Authority.